WHEREAS, in
the referendum held on February 27, 1975, the residents of the Greater
Manila Area authorized the President to restructure the local
governments of the four cities and 13 municipalities thereof into an
integrated unit of the manager or commission form of government, under
such terms and conditions as the President may decide; chanroblesvirtualawlibrary
WHEREAS, the rapid growth of population and the corresponding increase
of social and economic requirements in the contiguous communities
referred to above has brought into being a large area that calls for
simultaneous and unified development;chanroblesvirtualawlibrary
WHEREAS, many public services now rendered by local governments
separately for themselves may and should be administered more
efficiently and more economically, to the common benefit of the cities
and municipalities in the area, if they are integrated and harmonized,
under a system of central planning which would take separate municipal
needs into account as a common problem;chanroblesvirtualawlibrary
WHEREAS, it is vital to the survival and growth of the aforementioned
Greater Manila Area that a workable and effective system be established
for the coordination, integration and unified management of such local
government services or functions within the metropolitan community;chanroblesvirtualawlibrary
WHEREAS, it is necessary that the unified metropolitan services or
functions be planned, administered, and operated in accordance with the
highest professional technical standards; and
WHEREAS, such coordination, integration, and unified management
especially in the maintenance of peace and order and the eradication of
social and economic ills that fan the flames of discontent and
rebellion are part of reform measures under Martial Law essential to
the safety and security of the State;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order: chanroblesvirtualawlibrary
Section 1. Creation of the Metropolitan Manila. —
There is hereby created a public corporation, to be known as the
Metropolitan Manila, vested with powers and attributes of a corporation
including the power to make contracts, sue and be sued, acquire,
purchase, expropriate, hold, transfer and dispose of property and such
other powers as are necessary to carry out its purposes. The
Corporation shall be administered by a Commission created under this
Decree.
Section 2. Territorial Jurisdiction. — The Commission
shall have jurisdiction over the cities of Manila, Quezon, Pasay and
Caloocan and the municipalities of Makati, Mandaluyong, San Juan, Las
Piñas, Malabon, Navotas, Pasig, Pateros, Parañaque,
Marikina, Muntinlupa, and Taguig in the province of Rizal; and the
municipality of Valenzuela, in the province of Bulacan, all of which
together shall henceforth be known as Metropolitan Manila.
Section 3. Organization and Personnel of the
Commission. — The Commission shall be composed of a Chairman or
Governor, a Vice-Chairman or Vice-Governor and three Commissioners or
Board Members, one for planning, another for finance and a third one
for operations, all of whom shall be appointed by the President and
shall hold office at his pleasure. The Chairman or Governor shall
receive an annual salary of P60,000.00, the Vice-Chairman or
Vice-Governor, P50,000.00 and the three Commissioners or Board Members,
P45,000.00 each per annum. All heads of departments and/or offices and
subordinate personnel shall be appointed by the Chairman or Governor
and their compensation shall be fixed by the Commission. All positions,
except those of highly professional and highly technical personnel,
shall be subject to Civil Service Law, rules and regulations.
Non-presidential appointees shall enjoy security of tenure and may be
removed or otherwise disciplined only for cause, in accordance with
Civil Service Law, rules and regulations. chanroblesvirtualawlibrary
The Chairman or Governor and Vice-Chairman or Vice-Governor shall be
the General Manager and Deputy General Manager, respectively, of the
Commission.
Section 4. Powers and Functions of the Commission. —
The Commission shall have the following powers and functions:cralaw:red
1) To act as a central government to establish and
administer programs and provide services common to the area;chanroblesvirtualawlibrary
2) To levy and collect taxes and special assessments,
borrow and expend money and issue bonds, revenue certificates, and
other obligations of indebtedness. Existing tax measures should,
however, continue to be operative until otherwise modified or repealed
by the Commission;chanroblesvirtualawlibrary
3) To charge and collect fees for the use of public
service facilities;chanroblesvirtualawlibrary
4) To appropriate money for the operation of the
metropolitan government and review appropriations for the city and
municipal units within its jurisdiction with authority to disapprove
the same if found to be not in accordance with the established policies
of the Commission, without prejudice to any contractual obligation of
the local government units involved existing at the time of approval of
this Decree;chanroblesvirtualawlibrary
5) To review, amend, revise or repeal all ordinances,
resolutions and acts of cities and municipalities within Metropolitan
Manila;chanroblesvirtualawlibrary
6) To enact or approve ordinances, resolutions and to
fix penalties for any violation thereof which shall not exceed a fine
of P10,000.00 or imprisonment of six years or both such fine and
imprisonment for a single offense; chanroblesvirtualawlibrary
7) To perform general administrative, executive and
policy-making functions;chanroblesvirtualawlibrary
8) To establish a fire control operation center,
which shall direct the fire services of the city and municipal
governments in the metropolitan area;chanroblesvirtualawlibrary
9) To establish a garbage disposal operation center,
which shall direct garbage collection and disposal in the metropolitan
area;chanroblesvirtualawlibrary
10) To establish and operate a transport and traffic
center, which shall direct traffic activities;chanroblesvirtualawlibrary
11) To coordinate and monitor governmental and
private activities pertaining to essential services such as
transportation, flood control and drainage, water supply and sewerage,
social, health and environmental services, housing, park development,
and others;chanroblesvirtualawlibrary
12) To insure and monitor the undertaking of a
comprehensive social, economic and physical planning and development of
the area;chanroblesvirtualawlibrary
13) To study the feasibility of increasing barangay
participation in the affairs of their respective local governments and
to propose to the President of the Philippines definite programs and
policies for implementation;chanroblesvirtualawlibrary
14) To submit within thirty (30) days after the close
of each fiscal year an annual report to the President of the
Philippines and to submit a periodic report whenever deemed necessary;
and
15) To perform such other tasks as may be assigned or
directed by the President of the Philippines.
Section 5. Functions of the General Manager. — The
General Manager shall have the following powers and functions:cralaw:red
1) To execute policies and measures approved by the
Commission and be responsible for the efficient discharge of management
functions;chanroblesvirtualawlibrary
2) To submit for the consideration of the Commission
such other policies and measures as he may deem necessary to carry out
the purposes and provisions of this Decree;chanroblesvirtualawlibrary
3) Subject to the guidelines and policies set by the
Commission, to prepare the staffing pattern and to appoint and fix the
number and compensation of subordinate officials and employees thereof;
and for cause, to suspend or otherwise discipline any subordinate
official or employee; and with the approval of the Commission, to
remove for cause any such official or employee;chanroblesvirtualawlibrary
4) To prepare an annual report on the activities of
the Commission at the close of each fiscal year and submit a report
thereof to the President of the Philippines;chanroblesvirtualawlibrary
5) To submit for the approval of the Commission an
annual budget for its operations; and
6) To perform such other duties as may be assigned to
him by the Commission.
Section 6. Functions of the Commissioner for
Planning. — The Commissioner for Planning shall have the following
functions:cralaw:red
1) To formulate, and submit to the General Manager
for approval, long-range plans for the integration of common,
essential, municipal and public services;chanroblesvirtualawlibrary
2) To translate all policy directives on the common,
essential, municipal and public services into detailed operational
plans and programs; chanroblesvirtualawlibrary
3) To undertake researches, investigation and other
activities on the policy areas and to submit comprehensive reports and
appropriate recommendations to the General Manager;chanroblesvirtualawlibrary
4) To perform such other functions related to
planning as may be assigned by the Commission or the General Manager
from time to time.
Section 7. Functions of the Commissioner for Finance.
— The Commissioner for Finance shall have the following functions:cralaw:red
1) To determine financial requirements for the
common, essential, municipal and public services to be integrated;chanroblesvirtualawlibrary
2) To determine sources of, and allocate funds for
the purpose thereof;chanroblesvirtualawlibrary
3) To conduct a continuous and detailed financial
analysis of the integration of common, essential, municipal and public
services;chanroblesvirtualawlibrary
4) To perform such other functions related to finance
as may be assigned by the Commission or the General Manager from time
to time.
Section 8. Functions of the Commissioner for
Operations. — The Commissioner for Operations shall have the following
functions:cralaw:red
1) To maintain a monitoring system of execution of,
and/or compliance with, approved policies and plans for the common
policy areas which shall be used as a basis in the evaluation both
qualitatively and quantitatively, of performance, such as time schedule
and costs.
2) To perform such other functions related to
operations as may be assigned by the Commission or the General Manager
from time to time.
Section 9. Until otherwise provided, the governments
of the four cities and thirteen municipalities in the Metropolitan
Manila shall continue to exist in their present form except as may be
inconsistent with this Decree. The members of the existing city and
municipal councils in Metropolitan Manila shall, upon the promulgation
of this Decree, and until December 31, 1975, become members of the
Sangguniang Bayan which is hereby created for each city and
municipality of Metropolitan Manila.
In addition, the Sangguniang Bayan shall be composed of as many
barangay captain as may be determined and chosen by the Commission, and
such number of representatives from other sectors of the society as may
be appointed by the President upon recommendation of the Commission.
Existing provisions of the law to the contrary notwithstanding, members
of the Sangguniang Bayan shall not collect regular salaries or
compensation, except per diems and reasonable allowances on
reimbursement basis, in such amounts as may fixed by the Commission.
The Sangguniang Bayan may recommend to the Commission ordinances,
resolutions or such measures as it may adopt; Provided, that no such
ordinance, resolution or measure shall become effective until after its
approval by the Commission; and Provided, further, that the power to
impose taxes and other levies, the power to appropriate money and the
power to pass ordinances or resolutions with penal sanctions shall be
vested exclusively in the Commission.
Section 10. Functions of Local Chief Executives. — In
addition to present powers and functions which are not inconsistent
with this Decree, the local chief executive shall have the following
functions:cralaw:red
1) To implement the integration of the common,
essential, municipal and public services approved by the Commission as
they pertain to their respective local government units;chanroblesvirtualawlibrary
2) To furnish the Commission such information as it
may require and to assist it in carrying out the integration of the
common, essential, municipal and public services; chanroblesvirtualawlibrary
3) To perform such other functions as the Commission
may direct.
Section 11. All the city or municipal treasurers of
the local government units placed under the Commission shall close
their respective books of accounts for submittal to the Commission not
later than December 15, 1975. Thereafter, their functions and
responsibilities shall be performed or discharged by the Commissioner
for Finance.
Section 12. Operating Expenses. — The Commission
shall have the following financial resources:cralaw:red
1) The sum of Two Million Five Hundred Thousand Pesos
(P2,500,000.00) is hereby appropriated out of any funds in the National
Treasury for the operation of the Commission;chanroblesvirtualawlibrary
2) Proceeds of the franchise taxes now allocated to
local government units in the metropolitan area;chanroblesvirtualawlibrary
3) Proceeds of the fixed or privilege tax on
occupation accruing to local government units in the metropolitan area;chanroblesvirtualawlibrary
4) Proceeds of the corporate residence tax accruing
to the local government units in the metropolitan area; and
5) Such other sources of funds as the President may
authorize to meet the needs of the Metropolitan Manila Commission.
Thereafter, the necessary funds for the operation of the Commission
shall be included in the General Appropriations Decree.
Section 13. The Commission, the General Manager and
any official of the Commission shall be under the direct supervision
and control of the President. Notwithstanding any provision in this
Decree, the President shall have the power to revoke, amend or modify
any ordinance, resolution or act of the Commission, the General Manager
and the Commissioners.
Section 14. To enable the President to assess and
determine the efficacy of the integration of governmental functions and
services under this Decree with the end in view of establishing a more
responsive and effective government for Metropolitan Manila, the
Commission shall submit a special report with appropriate
recommendations as shall be required.
Section 15. All laws or part of laws, as well as all
executive orders or regulations, inconsistent herewith are hereby
repealed or modified accordingly.
Section 16. This Decree, except those provisions
otherwise indicated above, shall take effect immediately.
Done in the City of Manila,
this 7th day of November, in the year of Our Lord, nineteen hundred and
seventy-five.
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